Education and Inspections Act 2006

• (5) The Chief Inspector must send copies of the report to—

• (a) the Secretary of State,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ba) ... and

• (c) the provider of the education or training inspected.

• (6) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

• (7) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

• (8) In this section—

• “careers guidance” includes guidance about undertaking any training, education, employment or occupation;

• “relevant student” means a student—who is aged under 19, orwho is aged 19 or over and is someone for whom an EHC plan is maintained.

Other inspections

126

• (1) The Chief Inspector may inspect any education or training to which this Chapter applies (in a case where he is not required to do so by virtue of any provision of this Chapter).

• (1A) The Chief Inspector must inspect an exempt institution if requested to do so by the Secretary of State.

• (2) The Chief Inspector may inspect any education or training to which this Chapter does not apply if—

• (a) it is further education (whether for persons aged 16 or over but under 19, or for persons aged 19 or over) or training for persons aged 16 or over, and

• (b) he is requested to conduct the inspection by the provider of the education or training.

• (2A) On completing an inspection under subsection (1) or (1A) conducted in response to a request from the Secretary of State or any other person or body, the Chief Inspector must—

• (a) make a written report on the inspection;

• (b) arrange for the report to be published in such manner as the Chief Inspector considers appropriate.

• (3) On completing an inspection under this section conducted in any other case, the Chief Inspector may—

• (a) make a written report on it;

• (b) arrange for the report to be published in such manner as he considers appropriate.

• (4) If the Chief Inspector makes a report of an inspection conducted under subsection (1) or (1A), he must send copies of the report to—

• (a) the Secretary of State,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any local authority in England providing funds for the education or training inspected, and

• (d) the provider of the education or training inspected.

• (5) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

• (5A) In the case of an inspection conducted under subsection (1) in response to a request from the provider of the education or training concerned, the Chief Inspector may charge the provider for the cost of the inspection.

• (6) In the case of an inspection conducted under subsection (2) the Chief Inspector may charge the provider of the education or training concerned for the cost of the inspection.

• (7) For the purposes of that subsection it is immaterial whether the education or training concerned is provided in the United Kingdom or elsewhere.

• (8) In this section “exempt institution” has the meaning given by section 125(1B).

Action plans

127

• (1) This section applies where the Chief Inspector publishes a report of an inspection conducted under section 124 or 125 or section 126(1) or (1A).

• (2) The provider of the education or training which is the subject of the report must prepare a written statement of—

• (a) the action which he proposes to take in the light of the report, and

• (b) the period within which he proposes to take that action.

• (3) That person must—

• (a) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

• (b) send copies of it to such persons as may be so prescribed.

• (4) The requirements of subsection (2) may be waived by the Chief Inspector.

Area inspections

128

• (1) If requested to do so by the Secretary of State, the Chief Inspector must inspect—

• (a) the quality and availability of a specified description of education or training, in a specified area in England, for persons who are aged 15 or over but under 19;

• (b) the standards achieved by those receiving that education or training; and

• (c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

• (2) The Chief Inspector may conduct such an inspection without being requested to do so.

• (3) Subsection (4) applies if financial resources have been applied by—

• (a) the Secretary of State,

• (aa) ... or

• (b) a local authority in England,

in respect of education or training which is being inspected under this section.

• (4) In such a case the inspection may extend to considering whether the application of those resources in that way—

• (a) constituted an efficient and effective use of the resources for the purpose of meeting the needs of persons within subsection (1)(a) as regards education or training of the kind in question, and

• (b) was appropriate to secure value for money.

• (5) The education or training that may be made the subject of an inspection under this section (“an area inspection”) is—

• (a) any education or training to which this Chapter applies, or

• (b) any other education or training within the scope of the Chief Inspector's functions.

• (6) A provider of education or training which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.

• (7) Any local authority in England whose area is wholly or partly within the area which is the subject of an area inspection must provide the Chief Inspector with any information reasonably requested by him in connection with the inspection.

• (8) In subsection (1)(a) the reference to persons who are aged 15 includes persons—

• (a) for whom education is being provided at a school, and

• (b) who will attain that age in the current school year;

and for this purpose “school” and “school year” have the same meanings as in EA 1996.

Reports of area inspections

129

• (1) On completing an area inspection conducted under section 128, the Chief Inspector must make a written report on it.

• (2) The Chief Inspector must send copies of the report to—

• (a) the Secretary of State,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ba) ... and

• (c) each local authority in England whose area is wholly or partly within the area subject to the inspection.

• (3) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

• (4) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

Action plans following area inspections

130

• (1) This section applies where the Chief Inspector publishes a report of an area inspection conducted under section 128.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The Secretary of State may direct a local authority in England whose area is wholly or partly within the area covered by the report to prepare a written statement of—

• (a) the action which they propose to take in the light of the report, and

• (b) the period within which they propose to take that action.

• (4) In preparing a statement under subsection... (3) ... the authority must consult such persons as the Secretary of State may direct.

• (5) The ... authority must—

• (a) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

• (b) send copies of it to such persons as may be so prescribed.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of entry etc.

Power of entry

131

• (1) This section applies to an inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).

• (2) When conducting such an inspection, the Chief Inspector may, at any reasonable time, enter—

• (a) any premises on which the education or training inspected is provided;

• (b) any premises of the provider of that education or training which are used in connection with its provision.

• (3) In respect of education or training provided by an employer in the workplace, the power of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.

Power to inspect documents, etc.

132

• (1) This section applies to any inspection conducted by the Chief Inspector under this Chapter, other than one conducted under section 126(2).

• (2) If the Chief Inspector considers it necessary or expedient for the purposes of the inspection, he may inspect, take copies of, or take away any documents relating to the education or training inspected which are on any premises in relation to which he exercises his power of entry under section 131.

• (3) The power in subsection (2) includes—

• (a) power to require any person holding or accountable for any documents kept on the premises to produce them, and

• (b) in relation to any such documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.

• (4) In connection with inspecting any such documents the Chief Inspector—

• (a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been in use in connection with the documents; and

• (b) may require a person within subsection (5) to afford him such reasonable assistance as he may require for that purpose.

• (5) A person is within this subsection if he is—

• (a) the person by whom or on whose behalf the computer is or has been used, or

• (b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.

• (6) The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.

• (7) Any person who without reasonable excuse—

• (a) obstructs the exercise of any power conferred by section 131 or this section, or

• (b) fails to comply with any requirement imposed under this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Other provisions

Framework for inspections

133

• (1) The Chief Inspector must devise—

• (a) a common set of principles applicable to all inspections conducted under this Chapter, or

• (b) two or more common sets of principles each of which is applicable to a particular description of such inspections.

• (2) A set of principles devised under subsection (1)(a) or (b) is referred to in this section as a “framework”.

• (3) If the Chief Inspector devises two or more frameworks under subsection (1)(b), he must ensure that, taken together, they cover all inspections conducted under this Chapter.

• (4) The Chief Inspector must publish a framework in such manner as he considers appropriate.

• (5) The Chief Inspector may at any time revise a framework.

• (6) The Chief Inspector must publish a revised framework in such manner as he considers appropriate.

Abolition of Adult Learning Inspectorate

134

• (1) The Adult Learning Inspectorate is abolished on the appointed day.

• (2) In this section “the appointed day” means the day appointed under section 188 for the coming into force of this section.

Chapter 4 — Inspection ... of Local Authorities in England

Functions to which this Chapter applies

Functions to which this Chapter applies and related activities

135

• (1) This Chapter applies to the following functions of a local authority in England—

• (a) the functions conferred on the authority under Part 1 of the Childcare Act 2006 (c. 21),

• (b) the education functions of the authority (as defined in section 579(1) of EA 1996),

• (c) the functions conferred on the authority under sections 10, 12 and 17 to 19 of the Children Act 2004 (c. 31),

• (d) the social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)) of the authority, so far as relating to persons aged under 18,

• (e) (whether or not within paragraph (d)) functions conferred on or exercisable by the authority under the Children Act 1989 (c. 41), the Adoption (Intercountry Aspects) Act 1999 (c. 18) , the Adoption and Children Act 2002 or section 2 of the Children and Social Work Act 2017 and functions continuing to be exercisable by the authority under the Adoption Act 1976 (c. 36), ...

• (ea) any function conferred on the local authority under section 2 of the Childcare Act 2016; and

• (f) such other functions of the authority as may be prescribed by regulations made by the Secretary of State.

• (2) In this Chapter “related activity”, in relation to a function to which this Chapter applies, means (subject to subsections (3) and (4)) anything done in any place by, or pursuant to arrangements made by, the authority under section 2(1)(a) or (b) of the Local Government Act 2000 (c. 22) (promotion of economic and social well-being) or section 1 of the Localism Act 2011 (local authority’s general power of competence) which is similar in nature to anything which could be done by the authority in the performance of the function in question.

• (3) In relation to a function within subsection (1)(c), (d) or (e), anything done as mentioned in subsection (2) is a “related activity” only if it is done in relation to or for the benefit of—

• (a) persons aged under 18,

• (b) persons aged 18 or over in relation to whom the authority have functions under any of sections 23C to 24D of the Children Act 1989, or

• (c) persons not within paragraph (a) or (b) in connection with adoption or special guardianship.

In paragraph (c) “special guardianship” means special guardianship under sections 14A to 14G of the Children Act 1989.

• (4) In relation to a function prescribed by regulations under subsection (1)(f), anything done as mentioned in subsection (2) is a “related activity” only if it is prescribed as such by the regulations.

• (5) On the coming into force of this Chapter the Commission for Social Care Inspection is to cease to have functions under Chapter 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) in relation to anything which may be inspected by the Chief Inspector under this Chapter.

Inspections ...

Inspection of local authorities in England

136

• (1) The Chief Inspector may inspect—

• (a) the overall performance by any local authority in England of the functions to which this Chapter applies, or

• (b) the performance by any such authority of any particular function or functions comprised in the functions to which this Chapter applies.

• (2) An inspection under subsection (1) of the performance by an authority of any function must include an inspection of any related activity.

• (3) When requested to do so by the Secretary of State, the Chief Inspector must conduct an inspection under this section in relation to the local authority specified in the request.

• (4) Such a request may specify particular matters which the Chief Inspector must inspect.

Reports of inspections under section 136

137

• (1) On completing an inspection under section 136, the Chief Inspector must make a written report on the matters which were the subject of the inspection.

• (2) The Chief Inspector must send copies of the report to—

• (a) the local authority in England which was inspected, and

• (b) the Secretary of State.

• (3) Where an authority receive a copy of a report under this section, they must prepare a written statement of—

• (a) the action which they propose to take in the light of the report, and

• (b) the period within which they propose to take that action.

• (4) The authority must publish—

• (a) the report, and

• (b) the statement prepared under subsection (3),

within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State.

• (5) Such regulations may provide for the authority to charge a reasonable fee for providing a person with a copy of a document published under subsection (4).

• (6) The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate.

Annual reviews of local authorities in England

138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of entry etc.

Power of entry

139

• (1) This section applies to—

• (a) any inspection conducted by the Chief Inspector under section 136, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The Chief Inspector may, at any reasonable time, enter any premises for the purposes of the inspection ..., other than any premises excluded by subsection (3).

• (3) The premises excluded by this subsection are any domestic premises that are not a school (within the meaning of EA 1996).

Power to inspect documents, etc.

140

• (1) This section applies to—

• (a) any inspection conducted by the Chief Inspector under section 136, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) If the Chief Inspector considers it necessary or expedient for the purposes of the inspection ..., he may do any of the following—

• (a) inspect, take copies of, or take away any documents which—

• (i) relate to the performance by the local authority being inspected ... of any function to which this Chapter applies, or to any related activity, and

• (ii) are on any premises in relation to which he exercises his power of entry under section 139,

• (b) inspect or take away any other item which is on the premises,

• (c) interview in private—

• (i) any person working on the premises, or

• (ii) (subject to subsection (3)) any person accommodated or cared for there, and

• (d) make any other examination into the state and management of the premises and treatment of persons accommodated or cared for there.

• (3) Subsection (2)(c)(ii) does not apply unless consent to the interview is given by or on behalf of the person concerned.

• (4) The power in subsection (2)(a) includes—

• (a) power to require any person holding or accountable for any documents kept on the premises to produce them, and

• (b) in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.

• (5) In connection with inspecting any such documents, the Chief Inspector—

• (a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been in use in connection with the documents, and

• (b) may require a person within subsection (6) to afford him such reasonable assistance as he may require for that purpose.

• (6) A person is within this subsection if he is—

• (a) the person by whom or on whose behalf the computer is or has been used, or

• (b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.

• (7) The Chief Inspector may—

• (a) require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under section 139 or this section, and

• (b) take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

• (8) The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.

• (9) Any person who without reasonable excuse—

• (a) obstructs the exercise of any power conferred by section 139 or this section, or

• (b) fails to comply with any requirement imposed under this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Supplementary

Power to require information etc.

141

• (1) The Chief Inspector may at any time require any person within subsection (2) to provide him with any information, documents or other items—

• (a) which relates or relate to the performance by a local authority in England of any of the functions to which this Chapter applies or any related activity, and

• (b) which the Chief Inspector considers it necessary or expedient to have for the purposes of, or in connection with, the performance by him of any function under this Chapter.

• (2) The persons within this subsection are—

• (a) the local authority;

• (b) any person with whom the authority have entered into arrangements—

• (i) in the performance of any of the functions to which this Chapter applies, or

• (ii) in connection with any related activity.

• (3) The power in subsection (1) includes, in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.

• (4) Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Interpretation etc.

142

• (1) In this Chapter “related activity”, in relation to a function of a local authority to which this Chapter applies, has the meaning given by section 135(2) to (4).

• (2) For the purposes of this Chapter, references to the performance by a local authority in England of any function include references to—

• (a) anything done in any place by the authority in the performance of the function, and

• (b) anything done in any place by another person pursuant to arrangements made by the authority in the performance of the function.

• (3) This Chapter applies in relation to the Isles of Scilly subject to such modifications as may be specified by order made by the Secretary of State.

Chapter 5 — Inspection of CAFCASS functions

Inspection of CAFCASS functions

143

• (1) The Chief Inspector must inspect the performance of CAFCASS functions.

• (2) On completing an inspection under this section, the Chief Inspector must make a written report on it.

• (3) The Chief Inspector must send copies of the report to—

• (a) the Secretary of State, and

• (b) CAFCASS.

• (4) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

• (5) In this Chapter—

• (a) “CAFCASS” means the Children and Family Court Advisory and Support Service, and

• (b) “CAFCASS functions” means the functions of CAFCASS and its officers.

Power of entry

144

• (1) This section applies to an inspection conducted by the Chief Inspector under section 143.

• (2) The Chief Inspector may, at any reasonable time, enter for the purposes of the inspection—

• (a) any premises occupied by CAFCASS,

• (b) any premises occupied by any organisation with whom arrangements have been made under section 13 of the 2000 Act (other powers of CAFCASS) in respect of the performance of any CAFCASS functions, and so occupied in connection with the performance of any such functions, or

• (c) any premises occupied by any individual in connection with the performance of functions of an officer of the Service in accordance with arrangements under that section.

• (3) Subsection (2) does not confer a power of entry to any part of any domestic premises.

• (4) In this section and section 145 “officer of the Service” is to be construed in accordance with section 11(3) of the 2000 Act (establishment of CAFCASS).

• (5) In this section “the 2000 Act” means the Criminal Justice and Court Services Act 2000 (c. 43).

Power to inspect documents, etc.

145

• (1) This section applies to any inspection conducted by the Chief Inspector under section 143.

• (2) If the Chief Inspector considers it necessary or expedient for the purposes of the inspection, he may inspect, take copies of, or take away any documents kept by CAFCASS, or otherwise relating to the performance of CAFCASS functions, which—

• (a) are on any premises in relation to which he exercises his power of entry under section 144, or

• (b) are kept by an officer of the Service on domestic premises.

• (3) The power in subsection (2) includes—

• (a) power to require any person holding or accountable for any documents kept on the premises to produce them, and

• (b) in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.

• (4) In connection with inspecting any such documents the Chief Inspector—

• (a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been in use in connection with the documents; and

• (b) may require a person within subsection (6) to afford him such reasonable assistance as he may require for that purpose.

• (5) Where any such computer, apparatus or material is kept on domestic premises—

• (a) subsection (4) does not apply, but

• (b) the Chief Inspector may require a person within subsection (6) to give him possession of it for the purpose of inspecting it and checking its operation.

• (6) A person is within this subsection if he is—

• (a) the person by whom or on whose behalf the computer is or has been used, or

• (b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.

• (7) Where the Chief Inspector takes possession of anything under subsection (5)—

• (a) he may retain it for as long as he considers that it is necessary to retain it for the purposes of the inspection under section 143, but

• (b) once he considers that it is no longer necessary to retain it for those purposes, he must arrange for it to be returned to the person from whose possession it was taken.

• (8) The powers conferred by this section may be exercised by the Chief Inspector at reasonable times only; and a person may not be required to do anything in pursuance of any provision of this section otherwise than at a reasonable time.

Chapter 6 — Further provisions relating to functions of Chief Inspector

Functions

Inspection of secure training centres

146

• (1) The Chief Inspector and the Secretary of State may make arrangements for the Chief Inspector to conduct inspections of secure training centres and secure colleges in England.

• (2) Inspections under this section shall be on such terms, including terms as to payments to be made to the Chief Inspector in respect of such inspections, as the Chief Inspector and the Secretary of State may agree in the arrangements.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection of premises in connection with adoption and fostering functions

147

• (1) The Secretary of State may by regulations require the Chief Inspector to arrange for premises which are used by a local authority in England in their performance of relevant functions to be inspected on such occasions or at such intervals as may be specified in the regulations.

• (2) An inspection under this section is to be regarded for all purposes as undertaken under section 136.

• (3) In this section “relevant functions”, in relation to a local authority, has the same meaning as in Part 3 of the Care Standards Act 2000 (c. 14).

Transfer of certain CSCI functions to the Chief Inspector

148

• (1) The functions of the CSCI under Part 2 of the Care Standards Act 2000 (registration and standards) as the registration authority in relation to—

• (a) children's homes,

• (b) residential family centres,

• (c) fostering agencies,

• (d) voluntary adoption agencies, and

• (e) adoption support agencies,

are transferred to the Chief Inspector.

• (2) The Chief Inspector shall make available to the public information about services of the kind provided by persons for whom he is (in accordance with subsection (1)) the registration authority under Part 2 of the Care Standards Act 2000.

• (3) The functions of the CSCI under sections 65 and 87 to 87D of the Children Act 1989 (c. 41) (functions relating to children's homes, boarding schools and colleges) are transferred to the Chief Inspector.

• (4) In this section “the CSCI” means the Commission for Social Care Inspection.

Interaction with other authorities

149

Schedule 13 contains provisions authorising or requiring the Chief Inspector to take certain action in relation to other authorities, including the carrying out of inspections under arrangements with them.

General provisions

Evidence of authority

150

• (1) This section applies to any person exercising (in accordance with paragraph 9 of Schedule 12)—

• (a) any power of entry conferred on the Chief Inspector by virtue of any enactment,

• (b) any power to inspect documents so conferred, or

• (c) any power so conferred in connection with the inspection of documents.

• (2) Any such person must, if so required, produce a duly authenticated document showing his authority to exercise the power concerned.

• (3) Nothing in this section applies in relation to any exercise of the power conferred by section 141(1).

Publication of inspection reports

151

• (1) For the purposes of the law of defamation, a report made by the Chief Inspector which—

• (a) is published under any enactment, or

• (b) is not so published but is made in pursuance of his functions under any enactment,

is privileged unless its publication is shown to have been made with malice.

• (2) Where by virtue of any enactment the Chief Inspector has power to arrange for a report made by him to be published in a manner determined by him, he may (if he considers it appropriate to do so) arrange for the report to be published by electronic means only.

• (3) Nothing in this section—

• (a) limits any privilege subsisting apart from subsection (1), or

• (b) prejudices the generality of any power of the Chief Inspector subsisting apart from subsection (2).

Combined reports

152

• (1) Nothing in any enactment prevents the Chief Inspector from—

• (a) combining in a single document two or more reports which are required to be made by him under any enactment or enactments, or

• (b) combining in a single document one or more such reports and one or more reports which are required to be made by one or more other persons under any enactment or enactments,

and (in either case) combining the substantive reports to such extent as he considers appropriate.

• (2) In this section such a document is referred to as a “combined report”.

• (3) Where a combined report is made, any reference in any enactment—

• (a) to the publication of a report, or

• (b) to the giving or making available to any person of a copy of a report,

is to be read, so far as necessary, as a reference to the publication of the combined report, or to the giving or making available to that person of a copy of the combined report.

• (4) The Chief Inspector may arrange for a combined report to be published in any manner he considers appropriate, but this subsection does not limit any duty as to publication imposed by any enactment.

• (5) The provisions of section 151 apply to a combined report (whether or not they would otherwise so apply).

Use of information

153

Information obtained by the Chief Inspector in connection with any of his functions may be used by him in connection with any of his other functions.

Chapter 7 — Miscellaneous and supplementary

Miscellaneous

Duty to report on contribution of certain schools to community cohesion

154

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of annual fee to the Chief Inspector by local authorities

155

• (1) Regulations made by the Secretary of State may require a local authority in England to pay to the Chief Inspector an annual fee in respect of the discharge by the authority of any of their relevant functions specified in the regulations.

• (2) The regulations must specify—

• (a) the amount of the fee, and

• (b) the time at which it is to be paid.

• (3) The Chief Inspector may make a scheme under subsection (4) that is to have effect at a time when no regulations are in force under subsection (1).

• (4) A scheme under this subsection (“a scheme”) may provide for a local authority in England to be required to pay to the Chief Inspector an annual fee in respect of the discharge by the authority of any of their relevant functions specified in the scheme.

• (5) The amount of the fee payable by virtue of a scheme is to be such as may be specified in, or calculated or determined under, the scheme.

• (6) A scheme may include provision—

• (a) for different fees to be paid in different cases or classes of case;

• (b) for the amount of a fee to be determined by the Chief Inspector in accordance with specified factors;

• (c) for the time by which a fee must be paid;

• (d) for varying or revoking a previous scheme.

• (7) Before making a scheme the Chief Inspector must consult such persons as he considers appropriate.

• (8) The Chief Inspector must arrange for a scheme to be published in such manner as he considers appropriate.

• (9) A local authority in England must provide the Chief Inspector with such information as he requires for the purpose of determining the amount of a fee payable by the authority by virtue of a scheme.

• (10) A fee payable by virtue of this section may be recovered summarily as a civil debt.

• (11) But subsection (10) is not to be read as prejudicing any other method of recovery.

• (12) In this section “relevant functions”, in relation to a local authority, has the same meaning as in Part 3 of the Care Standards Act 2000 (c. 14).

Removal of HMICA’s duty to inspect performance of Assembly’s functions relating to family proceedings

156

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Minor and consequential amendments

157

Schedule 14 contains minor and consequential amendments relating to the provision made by this Part.

Transitional provisions and savings

158

Schedule 15 contains—

• (a) provision for the transfer of staff, property, rights and liabilities in connection with the establishment of the Office, and

• (b) other transitional provisions and savings.

Interpretation of Part 8

159

• (1) In this Part—

• “activities within the Chief Inspector's remit” and related expressions are to be construed in accordance with section 117(6);

• ...

• “the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• ...

• “document” means anything in which information of any description is recorded, including personal records as defined by section 12 of the Police and Criminal Evidence Act 1984 (c. 60);

• “domestic premises” means premises which are used wholly or mainly as a private dwelling;

• “functions” includes powers and duties;

• an “HMI” means one of Her Majesty's Inspectors of Education, Children's Services and Skills;

• “local authority in England” means—a county council in England;a metropolitan district council;a non-metropolitan district council for an area for which there is no county council;a London borough council;the Common Council of the City of London (in their capacity as a local authority);the Council of the Isles of Scilly;

• “the Office” means the Office for Standards in Education, Children's Services and Skills;

• “the registration authority” means the person exercising functions relating to registration.

• ...

• (2) In this Part any reference to the carrying on of activities as “user-focused” activities is a reference to the carrying on of the activities in a way that focuses on the needs of those for whose benefit the activities are carried on.

Part 9 — Miscellaneous

Investigation of complaints by Chief Inspector

Power of Chief Inspector to investigate complaints by parents about schools

160

After section 11 of EA 2005 insert—

(11A) (1) The Chief Inspector may investigate a qualifying complaint if he thinks it is appropriate to do so— (a) for the purpose of determining whether it is or may be appropriate to have regard to the matters raised by the complaint in carrying out any of his functions in relation to schools in England, and (b) in particular, for the purpose of determining, in the light of the complaint— (i) when to carry out an inspection under section 5 (insofar as the timing of such an inspection is within his discretion), and (ii) whether it would be appropriate to carry out an inspection under section 8(2). (2) A complaint is a qualifying complaint if— (a) it is about a matter relating to a relevant school and that matter— (i) falls within a prescribed description, and (ii) does not fall within any prescribed exception, (b) it is made in writing to the Chief Inspector, and (c) it is made by a person who satisfies prescribed conditions. (3) The conditions prescribed for the purposes of subsection (2)(c) may, in particular, require that the person has, before making the complaint to the Chief Inspector, taken advantage of other procedures of a prescribed description for dealing with the complaint. (4) Regulations may enable the Chief Inspector to determine that a condition prescribed for the purposes of subsection (2)(c) by virtue of subsection (3) is not to apply in relation to a person making a complaint. (5) In this section, “relevant school” means any of the schools mentioned in paragraphs (a) to (g) of section 5(2). (11B) (1) This section applies where a qualifying complaint is made to the Chief Inspector by a person who is a registered parent of a registered pupil at the school to which the complaint relates. (2) If the Chief Inspector so requests for the purposes of an investigation of the complaint, the governing body of the school to which the complaint relates must provide him with— (a) such information held by them as may be specified or described in the Chief Inspector's request, and (b) such other information held by them as they consider may be relevant to the investigation. (3) If the complaint relates to a maintained school and the Chief Inspector so requests for the purposes of an investigation of the complaint, the local education authority who maintain the school must provide him with— (a) such information held by them as may be specified or described in the Chief Inspector's request, and (b) such other information held by them as they consider may be relevant to the investigation. (4) If, for the purposes of an investigation of the complaint, it appears to the Chief Inspector to be appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates— (a) he must give notice to that effect to— (i) the governing body of the school (unless the school falls within sub-paragraph (ii)), or (ii) if the school is a maintained school which does not have a delegated budget, the local education authority who maintain the school, and (b) on being so notified, the governing body or (as the case may be) the local education authority must co-operate with the Chief Inspector in the making of arrangements for the meeting. (5) In particular, the governing body or (as the case may be) the local education authority must if so requested by the Chief Inspector— (a) allow the meeting to be held on the premises of the school, (b) fix a date for the meeting which is consistent with any request made by the Chief Inspector for that purpose, and (c) take such steps as are specified by the Chief Inspector to give— (i) the registered parents of registered pupils at the school, and (ii) if the school is a maintained school which has a delegated budget, the local education authority who maintain the school, such notice as the Chief Inspector may specify of the date, time and place of the meeting and of its purpose. (6) The following persons (in addition to the registered parents of registered pupils at the school) may attend a meeting held in pursuance of subsection (5)— (a) a representative of the governing body of the school, and (b) if the school is a maintained school, a representative of the local education authority who maintain the school. (7) In this section— - “governing body”, in relation to a relevant school which is not a maintained school, means the proprietor of the school; - “maintain”, in relation to school, has the same meaning as in the School Standards and Framework Act 1998; - “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school; - “qualifying complaint” is to be read in accordance with section 11A(2); - “relevant school” has the meaning given by section 11A(5). (11C) (1) This section applies where, for the purposes of an investigation of a qualifying complaint to which section 11B applies the Chief Inspector— (a) requests information as mentioned in subsection (2) or (3) of that section, or (b) gives notice in pursuance of subsection (4)(a) of that section that he considers it appropriate to hold a meeting for registered parents of registered pupils at the school to which the complaint relates. (2) The Chief Inspector may, if he considers it appropriate to do so, prepare a report of the outcome of the investigation by him of the complaint. (3) If the Chief Inspector prepares a report under subsection (2) he must send a copy of the report to— (a) the governing body of the school (unless the school falls within paragraph (b)), or (b) if the school is a maintained school which does not have a delegated budget, the local education authority who maintain the school. (4) The body to whom a report is sent under subsection (3) must, if so requested by the Chief Inspector, provide a copy of the report to the registered parents of registered pupils at the school to which the complaint relates. (5) In this section, “governing body” and “qualifying complaint” have the same meaning as in section 11B.

Powers to facilitate innovation

Powers to facilitate innovation

161

In Schedule 16—

• (a) Part 1 contains amendments of Chapter 1 of Part 1 of EA 2002 (powers to facilitate innovation), including amendments removing the restriction on the duration of the powers conferred by that Chapter; and

• (b) Part 2 contains a consequential amendment.

References to “local education authority” or “children's services authority”

Power to repeal references to “local education authority” and “children’s services authority” etc

162

• (1) Subject to subsection (5), the Secretary of State may by order—

• (a) make such provision as appears to him to be appropriate for the purpose of—

• (i) repealing any reference in any statutory provision to a local education authority (however expressed) in so far as it relates to such an authority in England or such an authority in Wales, or to both, and

• (ii) replacing it, where it appears to him to be appropriate, with a reference (however expressed) to, as the case may be, an English local authority or a Welsh local authority, or to both;

• (b) make such provision as appears to him to be appropriate for the purpose of—

• (i) repealing any reference in any statutory provision to a children's services authority (however expressed) in so far as it relates to a children's services authority in England or a children's services authority in Wales, or to both, and

• (ii) replacing it, where it appears to him to be appropriate, with a reference (however expressed) to, as the case may be, an English local authority or a Welsh local authority, or to both;

• (c) make such provision as appears to him to be appropriate in consequence of or in connection with any provision made by virtue of paragraph (a) or (b), or of both those paragraphs.

• (2) An order under subsection (1) may make provision modifying any enactment whenever passed or made (including this Act), and may, in particular, make provision—

• (a) modifying references (however expressed) in any statutory provision to the functions of a local education authority, or the functions of a local authority (however defined) in its capacity as a local education authority, where the references wholly or partly relate to a local education authority in England or a local education authority in Wales;

• (b) modifying statutory provisions which consist of or include provision requiring or authorising consultation, co-operation, communication or other action between a local education authority in England and an English local authority or between a local education authority in Wales and a Welsh local authority;

• (c) modifying statutory provisions which consist of or include provision imposing a duty on a local education authority in England or on a local education authority in Wales where the duty imposed is similar to a duty imposed by that or any other statutory provision on, as the case may be, an English local authority or a Welsh local authority;

• (d) modifying statutory provisions which consist of or include provision imposing a duty on an English local authority or on a Welsh local authority where the duty imposed is similar to a duty imposed by that or any other statutory provision on, as the case may be, a local education authority in England or a local education authority in Wales;

• (e) repealing statutory provisions which are spent or have ceased to be of any practical utility.

• (3) The following powers to make provision by order under subsection (1) are exercisable by the Assembly as well as by the Secretary of State—

• (a) the power to make provision under paragraph (a) of that subsection in relation to any reference in any statutory provision to a local education authority (however expressed) in so far as it relates to such an authority in Wales,

• (b) the power to make provision under paragraph (b) of that subsection in relation to any reference in any statutory provision to a children's services authority (however expressed) in so far as it relates to a children's services authority in Wales, and

• (c) the power to make provision under paragraph (c) of that subsection in consequence of or in connection with any provision made by virtue of the powers under paragraph (a) or (b) of that subsection mentioned in paragraph (a) or (b) above, or by virtue of both those powers.

• (4) The Secretary of State must not make an order under subsection (1), except with the consent of the Assembly, which contains provision made wholly or partly by virtue of any of the powers to make provision under that subsection mentioned in any of paragraphs (a) to (c) of subsection (3).

• (5) An order under subsection (1) may make provision which is within the legislative competence of the Scottish Parliament only in consequence of provision made under such an order which is outside that competence.

• (5A) The Welsh Ministers may by order—

• (a) make such provision as appears to them to be appropriate for the purpose of—

• (i) repealing any reference in a Measure of the National Assembly for Wales to a local authority (however expressed), and

• (ii) replacing it, where it appears to them to be appropriate, with a reference (however expressed) to a Welsh local authority;

• (b) make such provision as appears to them to be appropriate in consequence of or in connection with any provision made by virtue of paragraph (a).

• (5B) An order under subsection (5A) may make provision modifying any enactment whenever passed or made, and may, in particular, make provision of the kind specified in paragraphs (a) to (e) of subsection (2).

• (6) In this section—

• “children's services authority in England” and “children's services authority in Wales” have the same meaning as in the Children Act 2004 (c. 31);

• “English local authority” means—a county council in England,a metropolitan district council,a non-metropolitan district council for an area for which there is no county council,a London borough council,the Common Council of the City of London, orthe Council of the Isles of Scilly;

• “modify” includes amend or repeal;

• “statutory provision” means—any provision of this or any other Act, including any Act passed after this Act, andany provision of subordinate legislation, including any such legislation made under, or after the passing of, this Act;

• “Welsh local authority” means a county council or county borough council in Wales.

• (7) In interpreting paragraphs (a) to (e) of subsection (2) for the purposes of subsection (5B), “statutory provision” also includes any provision of a Measure of the National Assembly for Wales, including any Measure passed after the Education (Wales) Measure 2009.

Provision of advice by adjudicator

Provision of advice by adjudicator

163

In section 25 of SSFA 1998 (adjudicators) after subsection (3) insert—

(3A) When asked to do so by the Secretary of State, an adjudicator must give advice to the Secretary of State on such matters relating to the admission of pupils to relevant schools as the Secretary of State may specify. (3B) The adjudicator may, for the purposes of providing such advice to the Secretary of State, request any of the following persons to provide him with such information held by them as the adjudicator may specify— (a) the admission authority (within the meaning of Chapter 1 of Part 3) of a community, foundation or voluntary school; (b) the proprietor of any other relevant school. (3C) A person so requested by the adjudicator to provide information must comply with the request. (3D) In subsections (3A) and (3B), “relevant school” means a school in England falling within any of paragraphs (a) to (f) of section 5(2) of the Education Act 2005.

Information about children receiving publicly-funded education

Information about children receiving funded education outside school

164

After section 537A of EA 1996 (provision of information about individual pupils) insert—

(537B) (1) Regulations may make provision requiring a person who provides funded education to provide to the relevant person such individual child information as may be prescribed. (2) In subsection (1), “the relevant person” means one or more of the following— (a) the Secretary of State, and (b) any prescribed person. (3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information— (a) to him, or (b) to any prescribed person. (4) The Secretary of State may provide any individual child information— (a) to any information collator, (b) to any prescribed person, or (c) to any person falling within a prescribed category. (5) Any information collator— (a) may provide any individual child information— (i) to the Secretary of State, (ii) to any other information collator, or (iii) to the person who provides the funded education for the child or children to whom the information relates, and (b) may, at such times as the Secretary of State may determine, provide such individual child information as may be prescribed— (i) to any prescribed person, or (ii) to any person falling within a prescribed category. (6) Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to— (a) the Secretary of State, (b) any information collator, or (c) any prescribed person. (7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates. (8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State. (9) In this section— - “child” means a person under the age of 19; - “funded education” means education provided under arrangements made by a local education authority in pursuance of the duties imposed by section 19(1) and (4) (duty to make special arrangements for provision of education for children of compulsory school age and young persons who may otherwise not receive suitable education), other than such education provided at a school; - “individual child information” means information relating to and identifying individual children for whom funded education is being or has been provided, whether obtained under subsection (1) or otherwise; - “information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to funded education, is responsible for collating or checking information relating to children for whom such education is provided.

Further education

Power of members of staff of further education institutions to use force

165

After section 85B of the Further and Higher Education Act 1992 (c. 13) insert—

(85C) (1) A member of the staff of an institution which is within the further education sector may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely— (a) committing any offence, (b) causing personal injury to, or damage to the property of, any person (including the student himself), or (c) prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise. (2) The power conferred by subsection (1) may be exercised only where— (a) the member of the staff and the student are on the premises of the institution, or (b) they are elsewhere and the member of the staff has lawful control or charge of the student. (3) Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996. (4) The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section. (5) In this section, “member of the staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee.

Collaboration arrangements: maintained schools and further education bodies

166

• (1) Regulations may enable—

• (a) the governing body of a maintained school, whether alone or together with other such governing bodies, to make collaboration arrangements with one or more further education bodies;

• (b) a further education body, whether alone or together with other further education bodies, to make collaboration arrangements with the governing body of a maintained school or the governing bodies of two or more such schools;

• (c) a further education body to make collaboration arrangements with one or more further education bodies.

• (2) “Collaboration arrangements” are arrangements for any of the functions of any of the bodies who make the arrangements (“the collaborating bodies”) to be discharged jointly or by a joint committee of those bodies.

• (3) Regulations may make provision as to—

• (a) the establishment by the collaborating bodies of a joint committee of those bodies for the purposes of discharging any functions in pursuance of collaboration arrangements made by them (“a joint committee”);

• (b) the appointment of persons to serve on a joint committee (including provision as to the restrictions or other requirements relating to any such appointments) and their removal from office;

• (c) the appointment of a clerk to a joint committee (including provision as to the restrictions or other requirements relating to any such appointment) and his removal from office;

• (d) the appointment by a joint committee of one of their number to act as clerk for the purposes of a meeting where the clerk fails to attend;

• (e) rights of persons to attend meetings of a joint committee;

• (f) restrictions on persons taking part in proceedings of a joint committee;

• (g) other matters relating to the constitution or procedure of a joint committee.

• (4) Regulations may make provision as to—

• (a) the functions of collaborating bodies which may or may not be discharged jointly, or by a joint committee, in pursuance of collaboration arrangements;

• (b) the manner in which such functions are to be discharged jointly, or by a joint committee, in pursuance of collaboration arrangements;

• (c) any other matters which are relevant to the discharge of functions by the collaborating bodies jointly, or as the case may be, by a joint committee in pursuance of such arrangements.

• (5) Regulations may provide that any enactment relating to—

• (a) the functions of the collaborating bodies which are to be discharged in pursuance of collaboration arrangements, or

• (b) the governing bodies, or as the case may be the further education bodies, by whom those functions are to be discharged,

is to have effect subject to all necessary modifications in its application in relation to those functions and the bodies by whom they are to be discharged.

• (6) In this section—

• “further education body” means—a further education corporation (as defined by section 17(1) of the Further and Higher Education Act 1992 (c. 13)) in England, a sixth form college corporation (as defined in section 90 of that Act), orthe governing body of a designated institution (as defined by section 28(4) of that Act) in England which is a body incorporated by virtue of section 143(4) of the Learning and Skills Act 2000 (c. 21);

• “maintained school” means a school in England which is a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

• “regulations” means regulations made by the Secretary of State (in relation to England) ....

Early years provision

Consultation with young pupils

167

In section 176 of EA 2002 (consultation with pupils), in subsection (3)—

• (a) in the definition of “maintained school”, for “or a community or foundation special school” substitute “ , a community or foundation special school or a maintained nursery school ”, and

• (b) omit the definition of “pupil” (which excludes children who are being provided with nursery education).

Maintained nursery schools: amendment of sections 496 and 497 of EA 1996

168

• (1) In section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions by local authority or governing body), in subsection (2)(b), for “or any community or foundation special school” substitute “ , of any community or foundation special school, or of any maintained nursery school ”.

• (2) In section 497 of EA 1996 (Secretary of State's general default powers), in subsection (2)(b), for “or any community or foundation special school” substitute “ , of any community or foundation special school, or of any maintained nursery school ”.

Independent schools

Prohibition on participation in management of independent school

169

After section 167 of EA 2002 insert—

(167A) (1) The appropriate authority may direct that a person— (a) may not take part in the management of an independent school; (b) may take part in the management of an independent school only in circumstances specified in the direction; (c) may take part in the management of an independent school only if conditions specified in the direction are satisfied. (2) A direction under this section may be given in respect of a person only on one or more prescribed grounds connected with the suitability of persons to take part in the management of an independent school. (3) Regulations may prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions). (4) The appropriate authority may vary or revoke a direction under this section in prescribed cases. (5) Regulations may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (4). (6) In this section and sections 167B to 167D, “appropriate authority” means— (a) in relation to England, the registration authority or such other public authority as may be prescribed; (b) in relation to Wales, the registration authority or such other public authority as may be prescribed. (167B) (1) A person in respect of whom a direction has been given under section 167A may appeal to the Tribunal established under section 9 of the Protection of Children Act 1999— (a) against the decision to give the direction; (b) against a decision not to vary or revoke the direction. (2) Regulations may— (a) provide that the Tribunal may not entertain an appeal under this section insofar as the appellant's case is inconsistent with his having been convicted of an offence; (b) prescribe circumstances in which the Tribunal shall allow an appeal under this section; (c) prescribe the powers available to the Tribunal on allowing an appeal under this section. (167C) (1) The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State in connection with his functions— (a) under the Protection of Children Act 1999, except section 9 (the Tribunal); (b) under Part 7 of the Care Standards Act 2000; (c) under sections 142 to 144 of this Act; (d) as registration authority under this Part. (2) The National Assembly for Wales may provide to the appropriate authority any information relating to a person which is held by the Assembly in connection with its functions as registration authority under this Part. (3) The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise by the appropriate authority of its functions under sections 167A to 167C. (4) The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for England, the General Teaching Council for Wales, the Secretary of State or the National Assembly for Wales any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A. (167D) (1) Where the appropriate authority in relation to England gives a direction under section 167A(1), or varies or revokes any such direction, it must notify— (a) the registration authority in relation to England (unless the appropriate authority is the registration authority), and (b) the registration authority in relation to Wales and (if different) the appropriate authority in relation to Wales. (2) Where the appropriate authority in relation to Wales gives a direction under section 167A(1), or varies or revokes any such direction, it must notify— (a) the registration authority in relation to Wales (unless the appropriate authority is the registration authority), and (b) the registration authority in relation to England and (if different) the appropriate authority in relation to England.

Prohibition on participation in management: supplementary

170

• (1) In section 169 of EA 2002 (unsuitable persons), for the words from “any work” onwards substitute “ work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom ”.

• (2) In section 113BA of the Police Act 1997 (c. 50) (suitability information relating to children), at the end of subsection (2) insert—

(e) whether the applicant is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).

• (3) In section 9 of the Protection of Children Act 1999 (c. 14) (the Tribunal), in subsection (2) after paragraph (b) insert—

(ba) on an appeal under section 167B of the Education Act 2002;

.

Prohibition on participation in management: transitional provision

171

• (1) A person falls within this subsection if—

• (a) immediately before the relevant day he is subject to a direction under section 142 of EA 2002 given on grounds prescribed for the purposes of this section, and

• (b) prescribed conditions (which may include conditions relating to decisions taken on or after the relevant day by the Disclosure and Barring Service under the Safeguarding Vulnerable Groups Act 2006) are satisfied in relation to him.

• (2) Regulations may provide that, as from a time specified in or determined in accordance with the regulations, persons who fall within subsection (1) are to be treated for prescribed purposes as if the direction given under section 142 of EA 2002 were a direction given by the appropriate authority under section 167A of that Act.

• (3) Regulations may make provision in connection with the determination of any appeal under subsection (1) of section 144 of EA 2002, or application for review under subsection (2) of that section, which is pending on the relevant day.

• (4) Regulations under subsection (3) may, in particular, provide for an appeal, or application for review, under section 144 of EA 2002 to be treated as an appeal under section 167B of that Act.

• (5) In this section—

• “appropriate authority” has the same meaning as in section 167A of EA 2002;

• “prescribed” means prescribed by regulations under this section;

• “regulations” means regulations made by the Welsh Ministers;

• “the relevant day” means the day on which section 167A of EA 2002 comes into force.

Offences relating to independent schools

172

• (1) Part 10 of EA 2002 (independent schools) is amended as follows.

• (2) After section 168 insert—

(168A) No proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority. (168B) (1) Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— (a) any director, manager, secretary or other similar officer of the body corporate, or (b) any person who was purporting to act in any such capacity, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate. (168C) (1) Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation. (2) A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body. (3) If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate. (4) Where an offence under this Chapter committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly. (5) Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

• (3) In section 159 (unregistered schools), omit subsection (3).

• (4) Sections 168B and 168C of EA 2002 do not have effect in relation to offences committed before the commencement of this section.

Special educational needs

Special educational needs co-ordinators

173

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time limits relating to statements of special educational needs

174

• (1) Chapter 1 of Part 4 of EA 1996 (children with special educational needs) is amended as follows.

• (2) In Schedule 26 (making of assessments under section 323), in paragraph 3(3)(a) after “or 329A” insert “ , or under regulations under sub-paragraph (1)(b), ”.